Winlock, WA – A Southwest Washington developer has been sentenced for illegally clearing nearly 100 acres of protected wetlands in Lewis County, a case that highlights the ongoing struggle to balance development with environmental protection. Philip A. Smith, 53, of Chehalis, Washington, received three years of probation, including four months of home confinement, 100 hours of community service, and was ordered to pay $20,000 in restitution to the Environmental Protection Agency (EPA) following a guilty plea in September 2010.
The investigation, a collaborative effort between the EPA, the U.S. Army Corps of Engineers, and the Washington State Department of Ecology, revealed that Smith knowingly engaged in extensive land clearing activities on his 190-acre property near Winlock between August 2005 and October 2007. Inspectors discovered the illegal activity after Smith had cleared 98 acres of wetlands and stream channels, discharging the excavated materials into waterways feeding Lacamas Creek, the Cowlitz River, and ultimately, the Columbia River. Despite possessing a permit to log a mere 10 acres, Smith proceeded with the massive wetland clearing without obtaining the necessary federal or state permits.
Failed Development Deal
Court records indicate Smith’s actions were driven, in part, by a failed attempt to secure a deal with the Southwest Washington Regional Equestrian Center to build a $70 million equestrian facility on the property. After being initially fined by the Washington State Department of Ecology for the wetland violations, the prospective deal collapsed. Prosecutors argued Smith knowingly disregarded environmental regulations, hoping to avoid scrutiny or receive only minimal penalties, a tactic that ultimately backfired.
Repeat Offender?
Assistant United States Attorney Jim Oesterle, who leads the U.S. Attorney’s Office working group on environmental crimes, emphasized that Smith had been previously notified by the Army Corps of Engineers in 1998 for similar illegal wetland filling on a different property. While that earlier case did not result in criminal charges, Oesterle argued Smith was fully aware of the permitting requirements and deliberately chose to ignore them, demonstrating a pattern of disregard for environmental laws. “He undertook the widespread land clearing operations in this case with full knowledge of what was required,” Oesterle stated in a sentencing memo.
Clean Water Act Violations & Penalties
Smith was initially charged with four counts of violating the Clean Water Act (CWA), specifically 33 U.S.C. 1311(a) for illegal pollutant discharge and 33 U.S.C. 1319(c)(2)(A) for knowingly discharging pollutants into waters of the United States. He later pleaded guilty to a single count encompassing these violations. The CWA prohibits the discharge of pollutants, including dredged or fill material, into navigable waters without a permit from the U.S. Army Corps of Engineers. Violations can carry a maximum penalty of three years in prison and a fine of up to $50,000 per day of violation. While Smith avoided imprisonment, the restitution order aims to cover the EPA’s investigative costs and contribute to wetland restoration efforts. A separate civil case remains ongoing, focused on the complete restoration of the damaged wetlands.
Key Facts
- Defendant: Philip A. Smith, 53, of Chehalis, Washington
- Location: Near Winlock, Lewis County, Washington
- Dates of Violation: August 2005 – October 2007
- Area Disturbed: 98 acres of wetlands
- Statutes Violated: 33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
- Sentence: 3 years probation, 4 months home confinement, 100 hours community service, $20,000 restitution
- Contributing Factor: Failed $70 million equestrian center deal
“This case sends a clear message that individuals who intentionally damage our natural resources for personal gain will be held accountable,” stated Tyler Amon, Special Agent-in-Charge for EPA’s Criminal Investigation Division in Seattle. The ongoing civil case will determine the extent of wetland restoration required, ensuring that the ecological damage caused by Smith’s actions is addressed.
Source: EPA ECHO Enforcement Case Database
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